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European Union/Nigeria: Resolution on human rights situation in Nigeria

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European Union

European Parliament motion for resolution (under Rule 50).

British Conservative Euro-MP Mr John Corrie and Dutch CDA Euro-MP Mrs Hanja Maij-Weggen have tabled on behalf of the 233-strong EPP-ED Group the following Urgency Resolution on the current Human Rights situation in Nigeria.

On 11th April, the European Parliament
will hold an Emergency Debate on Human Rights in Nigeria since the Nigerian
Islamic law court at Bakori in Katsina State has sentenced Ms Amina Lawal, a
35-year old woman from the village of Kurami, to death by stoning - after she
confessed to having had a child while divorced, but acquitted the man
involved.

EUROPEAN PARLIAMENT MOTION FOR
RESOLUTION [under Rule 50] on Human Rights situation in Nigeria tabled by John
CORRIE MEP and Mrs Hanja MAIJ-WEGGEN MEP on behalf of the EPP-ED
Group.

The European
Parliament,

- having regard to the EU Council Statement on 27 March 2002
which "welcomes the acquittal of Safiya Hussaini by the Sokoto Sharia Court of
Appeal";

- having regard to the resolution on West Africa adopted by the
ACP-EU Joint Parliamentary Assembly on 21 March 2002 in Cape Town [South
Africa];

- having regard to the current 58th session of the UN Commission
on Human Rights in Geneva from 18 March to 26 April 2002 and the probable
conclusions;

- having regard to its resolution of 7 February 2002 on the
EU's rights, priorities and recommendations for the 58th session of the UN
Commission on Human Rights;

- having regard to the Letters to the
President of Nigeria the Hon Olusegun Obasanjo in January 2002 by the President
of the European Parliament and both the EU and ACP Co-Presidents of the ACP-EU
Joint Parliamentary Assembly appealing for clemency for Safiya Hussaini and
Hafsatu Abubakar;

- having regard to its previous resolutions of 15
November 2001 and of 15 February 2001 on the human rights situation in
Nigeria;

A. Whereas Nigeria - Africa's most populous country with 110
million citizens, over 250 ethnic groups, and a Federal structure of 36 States -
has been riven by ethnic, religious and political tensions which have killed
thousands since the 1999 elections that ended 15 years of military rule and
repression;

B. Whereas in 2003, Nigeria is scheduled to hold Presidential
Elections which risk being overshadowed by ethnic and religious tensions,
whereas the economic and democratic potential for Nigeria could set an example
for all Africa;

C. Whereas the issue of Islamic Sharia law in Nigeria
split a constitutional conference in 1978-79 and has led to a series of bloody
religious clashes in the past two years, with the majority Muslim communities in
12 Nigerian states generally in favour, whilst Christian communities in the
remaining 24 states mostly against;

D. Whereas the strict and legally
questionable interpretation of Sharia law applied by fundamentalists in some
northern States of Nigeria undermine civil liberties, denigrate human rights and
are preventing efforts to reconcile different ethnic and religious
groups;

E. Whereas current legal interpretations of the Sharia penal
codes in Nigeria include the application of the Death Penalty which violates
international human rights agreements ratified by Nigeria, including:

-
the Convention for the Elimination of all Forms of Discrimination Against
Women;

- the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment;

- the International Covenant on Civil
and Political Rights;

F. Whereas the Nigerian Islamic law court at Bakori
in Katsina State has sentenced Ms Amina Lawal - a 35-year old woman from
the village of Kurami to death by stoning - after she confessed to having had a
child while divorced, but acquitted the man involved;

G. Whereas this
latest Sharia court decision in Nigeria comes only days after the Islamic Sokoto
Sharia Court of Appeal acquitted Safiya Hussaini of a death penalty by stoning
for adultery, a sentence that caused an unprecedented outcry worldwide,
mainly from the European Institutions led by the European Parliament;

H.
Whereas on 22 March 2002, international media reported Nigeria's Justice
Minister Godwin Agabi's letter to the 12 northern Nigerian States applying
Sharia law stating "a Muslim should not be subjected to a punishment more severe
than would be imposed on other Nigerians for the same offence" and that any
court "which imposes discriminatory punishment is deliberately flouting the
constitution" [Section 42 (1a) which guarantees sexual, religious, ethnic and
political freedoms];

I. Whereas on 19 February 2002, President of Nigeria
Hon Olusegun Obasanjo told journalists in Rome when commenting on Safiya
Hussaini's facing death by stoning that "such a judgment could be given at all
has certain implications both internally and externally", and on 8 February 2002
Imam Anadu stated openly that the religion of Islam teach that God forgives all
sins including illicit sex;

J. Whereas focussed pressure by the European
Parliament, Council and Commission through direct and diplomatic channels, plus
the organisation of protests around the world by Civil Society - including in
Senegal and Ghana - and constant attention to the cases of Hafsatu Abubakar and
Safiya Hussaini by the international Media has led to the successful quashing of
their sentences to death by stoning for alleged adultery;

1. Welcomes the
acquittal on 25 March 2002 of Safiya Hussaini by the Sokoto Sharia Court of
Appeal, and the earlier acquittal of the 18-year old Hafsatu Abubakar on 24
January 2002, but emphasizes that all Ms Hussaini's and Ms Abubakar's human
rights must be ensured so they can fully reintegrate into Nigerian
society;

2. Condemns the decision by the Islamic court at Bakori in
Katsina State to sentence Amina Lawal to death by stoning for having a child
while divorced;

3. Urges the European Union and international
organisations to provide technical legal assistance during the 30-day period in
which Amina Lawal can appeal against this latest Sharia ruling;

4. Calls
on the State Council on Islamic law and the Governor of Katsina State to quash
the death penalty passed on Ms Amina Lawal; and urges both the Nigerian State
and Federal authorities to ensure that all other death sentences are also
commuted and that all Nigeria's courts cease sentencing people to cruel, inhuman
and degrading punishments;

5. Condemns all forms of religious intolerance
and expresses its concern that the fundamentalist interpretation of the Sharia
law in 12 northern Nigerian states is contrary to the respect for basic human
rights even under moderate Islamic legal interpretations of the Koran and asks
the Sharia states in northern Nigeria to amend these laws;

6. Reiterates
its position on the death penalty and deplores the discriminatory way in which
Sharia sentences in Nigeria are imposed predominantly on women;

7.
Acknowledges the key role played by Civil Society, particularly human rights and
non-governmental organizations, and the international Media in seeking to ensure
that Nigeria's Constitutional and International agreements are upheld to protect
the human rights of all Nigerian citizens whatever their background or
religion;

8. Urges the Nigerian Federal authorities to guarantee the
Constitutional right of appeal for all Nigerians condemned by Sharia Codes to
Higher Courts both at the State and Federal levels so that an independent, free
and fair judicial system prevails;

9. Calls on the Council to open a
political dialogue under the Cotonou Partnership Agreement with Nigeria so as to
help strengthen and consolidate Nigeria's pluralistic democracy, social and
economic justice, and respect for human rights and religious freedoms ahead of
the 2003 Elections;

10. Calls on the Commission to evaluate providing
extra financial and technical aid to strengthen Nigeria's legal and democratic
structures - including the training of lawyers, judges and the police ahead of
the 2003 Elections;

11. Urges the European Union to work with other
international organisations like the United Nations, the Commonwealth, World
Bank, International Monetary Fund and European Investment Bank to seek solutions
that help bring together the different ethnic and religious groupings in Nigeria
to start a process of dialogue and reconciliation;

12. Recognises the
pivotal role that Nigeria could play in the future development of democracy and
trade both in the West African region and in Africa as a whole, and in
particular the creation of the African Union; and trusts that all political and
religious leaders in Nigeria will seize this chance to end religious, ethnic and
political violence;

13. Instructs its President to forward this
resolution to the European Council, Commission, the Co-Presidents of the ACP-EU
Joint Parliamentary Assembly, the Secretary-Generals of the United Nations,
African Union, the Commonwealth, OECD, Inter-Parliamentary Union, the 56-nation
Organisation of Islamic Conference, the Presidents of the European Investment
Bank, the African Development Bank, the World Bank and the International
Monetary Fund, and the President, Government, Parliament and 36 State Governors
of Nigeria.

For further information and interviews, Mr John Corrie MEP
[UK Conservative, EPP-ED Group Co-ordinator and Spokesman on EU Development and
Co-operation policy, Vice-President of the ACP-EU JPA, former Co-President of
the Assembly, and recently appointed Honorary Co-President] can be contacted
on:

For
further information and interviews, Mrs Hanja Maij-Weggen MEP [Dutch CDA, EPP-ED
Group Co-ordinator and Spokesman on ACP-EU relations and the 92-nation ACP-EU
Joint Parliamentary Assembly, Leader of the Dutch CDA Delegation in the European
Parliament, and former Dutch Government Minister] can be contacted
on: